A. Cusimano & Co. v. Olive Oil Importing Co.

Citations

• 114 La. 312
• 38 So. 200
• 1905 La. LEXIS 460

Syllabus

<p>TEADE-MARK — INERINGtEMENT—DAMAGES.</p> <p>1. Two trade-marks are the same in legal contemplation if the resemblance is such as to deceive an ordinary purchaser giving such attention to the same as such a purchaser usually gives, and to cause him to purchase the one supposing it to be the other. Although differences may exist between two trade-marks, there is an unlawful infringement where the general appearance of the package is well calculated to-mislead and deceive the unwary purchaser.</p> <p>2. Act No. 49, p. 56, of 1898, makes it a misdemeanor to counterfeit or imitate a trademark, and authorizes the imposition of such damages as the court may deem “just and reasonable,” in addition to the payment to plaintiff of all profits derived by defendant from the manufacture, use, or sale of the article. Hence the. court may award damages beyond the actual pecuniary loss shown by the evidence.</p> <p>(Syllabus by the Court.)</p>